Previously granted Charters.- Closely allied to the last type of constitutional provisions is another, found in only six states, which invalidates all charters and special or exclusive privileges granted before the adoption of the constitution, unless organization had been actually effected. Organization thereafter could not be effected without a full acceptance of the new constitution.1

Special Charters. — In addition to the positive provision that railway companies shall be organized under general laws, nineteen constitutions contain the negative clause that no special charters shall be granted, except for charitable, educational, and certain other purposes, when the same shall remain under state control. A few constitutions specify that special charters may be granted to corporations and organizations not having in view financial gain.2

Railways Public Carriers.-The analogy of railways to common roads and other public highways. is expressed in constitutional provisions declaring all railway and canal companies to be common carriers. While provisions bearing on this topic. are differently worded in the different constitu

nesota, Missouri, New York, North Carolina, South Carolina, Utah, West Virginia, Wisconsin, and Wyoming.

This is found in the constitutions of Arkansas, California, Colorado, Kentucky, Idaho, and Wyoming.

2 The following are the states whose constitutions contain such provisions: Arkansas, Colorado, Idaho, Kentucky, Kansas, Minnesota, Mississippi, Missouri, Nevada, New Jersey, North Dakota, Ohio, Oregon, South Dakota, Tennessee, Texas, Utah, Washington, and Wyoming.

tions, sometimes a separate section being devoted to it, and in other instances only a phrase or sentence embodied in another section, the meaning is usually the same; namely, the declaration that the railway is a public highway and that railway companies are common carriers.1

Eminent Domain and Public Use. - Ever since the Supreme Court of the United States handed down the decision of Munn v. Illinois, declaring that whenever a person devotes his property to a use in which the public has an interest, he must grant, to the extent of that interest, the right of the state to control that property, no one could consistently question the public nature of railways. This fact has found common expression in the term "quasi public," which is which is now generally applied to railway corporations. A large number) of state constitutions declare that the respective legislatures may take the franchise and property of railway companies and subject the same to public use, when the general welfare requires it, in the same manner in which the property of individuals is taken. In other words, these states reserve in their constitutions the power to exercise the right of eminent domain over all the corporate property of a railway company.2

1 The following constitutions contain such provisions: Alabama, Arkansas, Colorado, Idaho, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Pennsylvania, South Dakota, Texas, Utah, Washington, West Virginia, and Wyoming.

2 The following states have this provision: Arkansas, California, Colorado, Idaho, Illinois, Kentucky, Mississippi, Missouri, Montana,

Power to annul Charters. - Sixteen states reserve constitutional power to alter, amend, revoke, or annul charters granted under special or general laws, whenever in the opinion of the legislature it may be injurious to the citizens of the state in question to continue the same. Usually the additional clause is incorporated that in case of such repeal or revocation no injustice shall be done to the members of the corporation.1

Public Aid. Even after the downfall of the national system of internal improvements, together with the failure of individual states to make such works a success, subordinate political units— counties, towns, cities, villages, etc.-extended aid to railway companies in a variety of ways, the most common among which were granting the right of way, making cash donations, purchasing bonds, or becoming stockholders, loaning the public credit, etc. Provisions relating to subscriptions to stock are found in fourteen, and to loaning of the public credit in sixteen constitutions.2 Nebraska, North Dakota, Pennsylvania, South Dakota, Washington, West Virginia, and Wyoming.

1 Found in the constitutions of Arkansas, California, Colorado, Idaho, Iowa, Kansas, Mississippi, Montana, New York, North Carolina, Oregon, South Dakota, Utah, Washington, Wisconsin, and Wyoming.

2 The former including the following states: Arkansas, Connecticut, Delaware, Florida, Idaho, Louisiana, Kentucky, Mississippi, Missouri, Oregon, Pennsylvania, Virginia, Washington, and Wyoming; the latter, Connecticut, Florida, Louisiana, Maine, Mississippi, Nevada, New York, North Carolina, - excepting a few specified cases, Oregon, Pennsylvania, Texas, Utah, Virginia, Washington,

Intersections, Junctions, and Consolidations.Varying somewhat in the number of subjects specified in the constitution, eleven states make provision for the connection, crossing, and intersection of railways and interchange of traffic. In one form or another it is prescribed that every railway shall have the right to intersect, cross, or connect with any other railway, and that it shall receive and transport the freight and coaches, loaded or empty, of every other railway, without delay or discrimination. Closely allied to the subject of connections and the interchange of traffic is the question of consolidations, and constitutional provisions dealing with both subjects are found in several states. The most common form in which the traffic arrangements of the different roads is expressed is that which permits one railway to lease, control, purchase, or consolidate with any other railway, provided that the other is not a parallel or competing line. To what extent provisions relating to mere interchange of traffic would permit the consolidation of competing lines is not clear. Isolated provisions prohibiting the stock of other railway companies may be found.1

Wisconsin, and Wyoming. Idaho breaks the monotony of this rule, in that it prohibits certain political units from becoming stockholders in all joint stock companies, except "railroad corporations, companies, or associations."

1 Among the states prohibiting the consolidation of competing lines are: Arkansas, Colorado, Illinois, Kentucky, Missouri, Montana, North Dakota, South Dakota, Texas, Utah, Washington, and West Virginia. The following provide for junctions, connections,

Vote of Shareholders. Only nine States provide for some system of suffrage on the part of shareholders, and for these the constitution of Illinois appears to have served as a model. "The general assembly shall provide, by law, . . . the right of every stockholder to vote, in person or by proxy, for the number of shares of stock owned by him, for as many persons as there are directors or managers to be elected, or to cumulate such shares, and give one candidate as many votes as the number of directors multiplied by the number of his shares of stock shall equal, or to distribute them on the same principle among as many candidates as he shall think fit." 1

Free Transportation.-The granting of free passes to members of the legislature, state, municipal, and other officers, or the selling of the tickets at a discount, is constitutionally prohibited in Alabama, Arkansas, California, Florida, Kentucky, Mississippi, Missouri, New York, Pennsylvania, Washington, and Wisconsin. The constitution of Wyoming also treats of the sale of unused tickets or parts of tickets.

Regulation. The establishment of tariff schedules and the regulation of rates are treated in the constitutions of Georgia, Mississippi, Missouri,

etc.: Alabama, Kentucky, Idaho, Louisiana, Mississippi, Missouri, Montana, Pennsylvania, South Dakota, Texas, and Wyoming.

1 Found in the following constitutions: Delaware, Illinois, Idaho, Kentucky, Mississippi, Missouri, Montana, Nebraska, and West Virginia.